2026:BHC-NAG:324-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3816 OF 2024 Dr. Avinash Mukund Asnare, Age @ 53 yrs, Occ. Service, (Director of Sports & Physical Education S.G.B.A.U. Amravati University, Amravati) R/o. Budhwara, Amravati, Tq. & Dist. Amravati. .....PETITIONER ...V E R S U S...

1. The State of Maharashtra through its Secretary for Higher and Technical Education Department, Mantralaya, Mumbai

2. The State of Maharashtra through is Secretary for Finance Department, Mantralaya, Mumbai

3. The Director of Higher Technical Education, State of Maharashtra, Pune

4. The Joint Director of Higher Education, Amravati Region, Amravati

5. The Registrar Sant Gadgebaba Amravati University, Amravti, Tq. & Dist. Amravati. .....RESPONDENTS ---------------------------------------------------------------------------------------------

Mr. B.G. Kulkarni, Advocate for petitioner.

Mr. Neeraj Patil, AGP for respondent Nos. 1 to 4/State.

Ms. Gauri Venkatraman, Advocate for respondent No. 5.

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CORAM:- ANIL S. KILOR, &

RAJNISH R. VYAS, JJ.

DATE OF RESERVING THE JUDGMENT : 24.12.2025 DATE OF PRONOUNCING THE JUDGMENT : 07.01.2026 JUDGMENT (PER : RAJNISH R. VYAS)

Heard learned counsels for the respective parties.

2. A prayer made in this petition is regarding quashing of Government Resolution dated 16.4.2024 and communication dated 10.11.2023 to the extent it rejects proposal for sanctioning the post of Director of Sports and Physical Education with retrospective effect by duly amending GR dated 22.2.2007 and further it directs the post to be filled in by way of fresh recruitment. Other consequential prayers are also made.

3. The petitioner was initially appointed as Full Time Physical Education Teacher, in the year 1995 and the approval to said appointment was accorded on 12.2.1995.

4. On 29.3.2000, respondent No. 5 University issued an advertisement for one post of Director of Sports and Physical Education (DOPE) in open category. In the said advertisement, it was mentioned that the employee shall be entitled to pensionary benefit as per rules of Government of Maharashtra. In an advertisement, even the subjects for which professors, readers and lecturers and post thereof were also mentioned.

5. According to the petitioner, in respect of Amravati University, the post of DOPE was sanctioned since its establishment and one Mr. V.M. Sharma had retired from the said post, who is receiving pension from the State Government.

6. In pursuance with the advertisement, the petitioner applied and further appeared for interview on 18.8.2000. The committee was duly constituted and one Mr. T.D. Mudliyar was present during course of recruitment as a Joint Director of Higher Education, thereby duly representing the respondent No.1. The recommendation made by the Selection Committee were signed by the said person, so also, the Vice Chancellor of Amravati University.

7. On 15.12.2000, as per recommendation, the petitioner was appointed on the post of DOSPE, who joined his services on 2.1.2001. It was contended that in appointment order, it was clearly mentioned that expenditure on account of salary and allowances of the services rendered by the petitioner shall be admissible from the State Government grant. Even, yearly increments were duly awarded by respondent No. 5 which were approved by office of respondent No. 3.

8. In the month of August 2013, without there being any reason the petitioner was not paid salary and after due representation, he came to know that State Government had issued a Circular dated 22.2.2007 thereby sanctioning total number of teaching posts in respondent No. 5 University. However, in the said Circular erroneously, the post of DOSPE was not incorporated as duly sanctioned teaching post.

9. Since dissatisfied, the respondent No. 4 University submitted proposal dated 23.1.2013 to respondent No.1 with request to the Government